A former California Highway Patrol officer charged with shooting a Ventura man in an off-duty incident is asking the court to consider him for a mental health diversion program.

Trever Dalton’s defense attorney filed a motion Tuesday explaining why his client should get the treatment instead of possibly serving time in custody. It’s unclear what the motion states because the court allowed it to be filed confidentially, meaning the public cannot read it, according to Ventura County Superior Court records.

Dalton, 46, of Ventura, has pleaded not guilty to felony assault with a firearm in the Dec. 5, 2017, shooting of Sorin Popescu. Dalton has also denied special allegations related to the use of a firearm and causing great bodily injury, records show.

The civil case

Dalton was not at the hearing in the civil case, and much of Tuesday’s arguments centered on CHP’s alleged liability.

Popescu and his attorneys allege that because of certain comments made by Dalton during the dispute — like stating he was a police officer and ordering an unarmed Popescu to drop a gun — he was operating under his authority as a police officer.

That makes CHP vicariously liable, the complaint states.

But at Tuesday’s hearing, Judge Rebecca Riley needed more convincing. Her tentative ruling sided with CHP’s attorney, who argued that there weren’t sufficient facts to show Dalton was working within the scope of his employment.

Deputy Attorney General Shirley Sullinger said Dalton never showed his badge, indicated which agency he was with, explained why he was there or brandished his gun. That is not consistent with what an officer would do in the alleged situation, she said.

“He was just a drunk guy on his bicycle riding around in the middle of the night,” Sullinger said.

David McLane, one of Popescu’s attorneys, said Dalton’s alleged comment about being a police officer has a similar effect to showing a badge. Dalton allegedly also asked Popescu who he was and where he lived, common questions police officers ask, McLane said. Popescu claims Dalton also took a picture of his license plate.

Plus the comments Dalton allegedly made show he was using his authority as an officer, McLane said.

“He misused his authority, but that doesn’t take it out of the course and scope of authority,” McLane said.

Moreover, McLane said the court’s tentative ruling would be premature. There is still information his client seeks from CHP to support his claims.

Riley signed an order Tuesday that states CHP will give the plaintiffs a redacted copy of its internal investigation into the shooting.

Popescu’s motion to get information in Dalton’s personnel file about any incidents of alleged misconduct or bad acts did not go as planned.

Riley granted the motion to look into Dalton’s file, which a CHP officer brought to court. Riley, the officer and Sullinger spent about 25 minutes reviewing the file behind closed doors. When she came back to the courtroom, Riley said there was nothing in it she was going to order be shared with Popescu’s attorneys.

Ultimately, however, Riley ruled that Popescu’s team had not shown enough information to hold CHP liable for Dalton’s alleged conduct.

“None of the alleged actions fall within the course and scope of the duties of a peace officer,” according to Riley’s written ruling.

The judge gave Popescu and his team an opportunity to file another complaint that addresses how Dalton’s alleged behavior would make the agency liable. The deadline to file that is Sept. 23.

Megan Diskin is a courts and breaking news reporter with The Star. Reach her at megan.diskin@vcstar.com or 805-437-0258.